1 Original Research Paper 2 3 4 5 Choosing the right trade terms with transportation considerations: a study of Incoterms 2010 6 7 Juan Li 1, Fengxiang Qiao,2 8 9 1 Department of Transportation Studies, College of Science, Engineering and Technology, 10 Texas Southern University, Houston, 77004, the U.S.A 11 12 Abstract 13 Incoterms is an internationally recognized standard that is designed to reduce confusion over 14 division of responsibilities and obligations for traders during trade practice. It establishes clear 15 and binding rules for the division of costs, risks and tasks regarding transportation, insurance, 16 delivery and handling liabilities by defining different trade terms in a three letter abbreviation. 17 Incoterms greatly facilitates international trade. For years, Incoterms has been successfully 18 removed conflicts and difficulties arising from trade practice and it have been incorporated into Corresponding author. Tel.: +1 713 313 1915, E-mail: fg_qiao@tsu.edu(fengxiang Qiao, PhD., Professor) Seija1203@126.com(Juan Li, Research Assistant)
19 sales contract worldwide. This paper tries to inquire into how transportation factors influence 20 traders choice of a particular trade term when they are contracting for business and thus help 21 them make right decisions. This paper also tries to create some criterion that might be 22 applicable to the choosing of the right term in trade practice. 23 Keywords: 24 trade terms, Incoterms 2010, transportation, choice 25
26 1 Introduction 27 Incoterms is the most widely used rule in international sale of goods. The goal of Incoterms is 28 to alleviate or reduce confusion over interpretations of shipping terms, by outlining exactly who 29 is obligated to take control of insure goods at a particular point in the shipping process. 30 Incoterms establishes clear and binding rules for the division of transportation cost, transport 31 risk and handling liabilities by defining trade terms. A trade term is a three letter abbreviation 32 that stipulates the rights and obligation of the buyer or the seller to avoid the conflicts and 33 difficulties arising from trade practice. Incoterms becomes a unified rule guiding buyer and 34 seller to fulfill their obligations during trade practice. Thus traders do not have to discuss over 35 and over again for the obligations they should accomplish and include extensive agreement in 36 the contract. Every contract should include a trade term (Jimenez, 2008). 37 Incoterms was published by International Chamber Of Commerce (ICC). ICC reflects 38 practice of news changes and trends in business practices by periodically revising its versions. 39 Since the first publication in 1936, Incoterms has been periodically revised in 1953, 1967, 1976, 40 1980, 1990, 2000 and 2010 to be better adapted to the changes in international trade practices. 41 From its first appearance, incoterms have been used for over 70 years in trade practice. The 42 current version is Incoterms 2010, which come into force on January 1st, 2010. Unlike law, 43 the old version lose its efficacy automatically when the new version appears, all the versions of 44 Incoterms can be chosen and it is up to the seller or buyer that choose which version of the 45 trade terms. 46 For years incoterms has been successfully reduced and removed uncertainties arising from
47 different interpretation of trade rules in different countries. It is most widely accepted not only 48 be traders, but also by government, banks, legal authorities, insurance companies and 49 shipping companies. Now incoterms are used worldwide and incorporated into sales contract 50 worldwide. Besides Incoterms, there are also Warsaw-Oxford Rules 1932, which is made by 51 International Law Association and Revised American Foreign Trade Definition, which is made 52 by nine American business groups in 1941. 53 2 Literature review 54 Since the appearance of the first version, Incoterms plays an important role in facilitating trade. 55 With the application of trade terms, concluding a contract is greatly standardized. Incoterms 56 2010 provides a guideline for the evolution of Incoterms rules, categories and rights and 57 obligation for the buyers and sellers. It also advocates the right use of trade terms. For the 58 traders, to adapt the right trade terms is of vital importance (X., 2010; Gardner, 2012). 59 Otherwise, problems will arise or remain if inappropriate terms are chosen (Ramberg, 1999). 60 J.W. Richardson in his paper holds that the choice of the right trade term will prevents trade 61 disputes (1997). Researchers also put forward the point that the choosing of the right trade 62 term should be in accordance with other contract items, such as contract of carriage, method 63 of payment, insurance and features of the goods been shipped etc.( C. Debattisat, 1995; Chen, 64 2009; Zhang, 2009; Shen, 2011; Hu, 2014). Some researchers try to explore the reason why 65 ICC tries to advocate the use of multimodal terms instead of the maritime terms and provide 66 some criteria for the traders to use the right trade term (Malfliet, 2011; Yang, 2011). Some 67 researchers probe into the factors influencing the choice of trade terms and found the most 68 important factors are volumes and characteristics of consignment, carriage conditions,
69 geographical location, transportation cost, control over delivery, documents required, 70 capabilities of arranging transportation, common practice and legislation obstacles(cai and Liu, 71 2001; Olga, Zhang, 2009; Xu et al., 2011, ). Some researchers investigate into the choice of 72 trade terms for Chinese inland city companies, who should ship the goods from an inland city 73 by road or rail transportation to the port of shipment, most of them wrongly choose the 74 maritime trade terms instead of FCA, CIP or CPT(Li, 2010; Wang, 2008; Chu, 2007; Liu,2007; 75 Han, 2009). To quest into the application and revision of Incoterms 2000, ICC conducted an 76 inquiry in Belgium in spring 2008, and find Belgian traders choose the wrong trade terms 77 frequently (2008). Some researchers also find that this problem is more significant for small 78 and media-sized enterprises for their lacking of professional knowledge (Chevalier, 2003; Wu, 79 2006). Researchers find that the misuse of trade terms will harm exportation (Dooren, 2008) 80 and international trade as a whole (Malfliet, 2011). 81 3 Structure of Incoterms 2010 82 Launched in mid-september 2010, Incoterms 2010 came into effect on January 1 st, 2010. 83 There are 11 terms in Incoterms 2010. Each of them stipulates the transfer of risks, transfer of 84 documents, division of cost, delivery of goods, inspection of goods, and other obligation of the 85 seller and buyer. Unlike previous versions, Incoterms 2010 are proposed to be used both for 86 international and domestic trade. Like other versions, Incoterms 2010 has being successfully 87 helped traders avoid misunderstandings by stipulating the risks, responsibilities, costs, and 88 delivery. To change the abusing of maritime terms when multimodal terms should be used, 89 trade terms are divided according to the criterion of for any mode of transport or for sea and 90 inland waterway transportation in this version. Incoterms 2010 also introduced two new trade
91 terms, that is DAT and DAP,and eliminated four previous terms, which is DEQ, DES, DDU and 92 DAF. Incoterms 2010 set up new interpretation for all the terms for the division of risks and 93 division of cost (Wang, 2010). Because of containerization in the current trade, Incoterms 94 2010 has security related information has been given to importers and exporters. The use of 95 electronic documents is accepted the concept of ship s rail is removed by delivered on board 96 (Zhang, 2011). 97 3.1 Terms for any modes of transport 98 3.1.1 EXW (Ex Works) 99 EXW means the seller fulfills his obligation when the goods are placed at the disposal of the 100 buyer at the seller s premises or other named places (i.e., works, factory, warehouse, etc.). 101 EXW represents the minimum obligation of the seller. The seller is not liable for clear for export 102 and loading the goods on board the vehicles no matter the goods are provided by the buyer or 103 the seller. Buyers should avoid this term when he cannot perform the export formalities in a 104 foreign country for the seller is supposed to in a better condition to do this. 105 3.1.2 FCA (Free Carrier) 106 Under FCA, the seller is required to deliver the good to the carrier or the person nominated by 107 the buyer. The delivery could be at the seller s places or any other named place. FCA is much 108 advised by some researchers when the exporter locates in an inland city because the risk of 109 loss or damage to the goods could be transferred to the buyer at the moment the goods are 110 delivered. The inland exporter do not need to transport the goods by road way or railway to the 111 port and thus risks are greatly reduced (Han and Yang, 2009).
112 3.1.3 CPT (Carriage Paid To) 113 CPT has two critical points. The risk of the loss of or damage to the goods passes from the 114 seller to the buyer when the goods are delivered to the carrier named by the buyer at the 115 agreed place. But the seller should pay the freight necessary to bring the goods to the place of 116 destination. 117 3.1.4 CIP (Carriage and Insurance Paid to) 118 Similar to CPT, the seller should deliver the goods to the carrier or other person named by the 119 buyer and pays the freight to the designated place. In addition, he should contract for 120 insurance against the buyer s risks. 121 3.1.5 DAT (Delivered At Terminal) 122 DAT is a new term which appears in Incoterms 2010. It has almost the same obligation for 123 the buyer and the seller as DEQ in Incoterm 2000. The seller finishes his obligation to deliver 124 once the goods are placed at the disposal of the buyer in a terminal predefined by the buyer, 125 unloaded from the arriving vehicle. DAT differs with DEQ in that the terminal in DAT is not 126 limited to a quay in DEQ, but any terminal a place as a quay, warehouse, container yard or 127 road, rail or air cargo terminal (Incoterms 2010). Thus DAT replaced DAT. 128 3.1.6 DAP (Delivered at Place) 129 DAP means the seller delivers when the goods are put at the buyer s disposal, ready for 130 unloading on the arriving vehicle at the named place of destination. The seller bears all the 131 cost and risk necessary to bring the goods to the designated place of destination, except the
132 import clearance fees and taxes. DAP replaced DAF, DES and DDU in the previous version, 133 and is very similar to the former DDU. 134 3.1.7 DDP (Delivered Duty Paid) 135 Besides the entire obligation performed under DAP, the seller should conduct import clearance 136 procedures and bears all the costs and risk involved in bringing the goods to the place of 137 destination under DDP. This terms could not be used when the seller cannot perform customs 138 formalities in a country he is unknown or not familiar with. 139 3.2 Terms for sea and inland waterway transport 140 3.2.1 FAS (Free Along Ship) 141 Under FAS, the seller is required to deliver the goods alongside the ship vessel at the port of 142 shipment. From that point on, the buyer bears all the risks and cost necessary to bring the 143 goods to the destination. In FAS, the seller has to clear for export. 144 3.2.2 FOB (Free On Board) 145 FOB means the seller fulfills his obligation when the goods are delivered on board the vessel 146 named by the buyer at the named port of shipment. FOB uses the term placing instead of 147 loading as in FCA (Malfliet, 2011). The risks of loss of or damage to the goods transferred 148 from the seller to the buyer when the goods are placed on board the vessel instead of pass 149 the ship s rail. This is one of the major change Incoterms 2010 made compared to the 150 previous version. 151 3.2.3 CFR (Cost and Freight)
152 Under CFR, the seller should deliver the goods on board the vessel at the port of shipment. 153 Thus the risk of the loss of or damage to the goods transfers from the seller to the buyer from 154 that moment. But the seller should pay the freight necessary to bring the goods to the port of 155 destination. There are two division point in CFR: one is the division of risk, which is the 156 moment the goods are placed on board the vessel; another is the division of cost, the seller 157 pays the freight to the port of destination. 158 3.2.4 CIF (Cost, Insurance and Freight) 159 CIF is similar to CFR but differs in that the obligation of seller extends to procure marine 160 insurance to the port of destination. Under the circumstances, the seller is contracting for 161 insurance against the buyer s risk. Should the buyer want to cover a more extensive cover of 162 insurance, he should purchase by himself or have an express agreement with the seller. The 163 seller is only required to procure the minimum coverage. 164 The following tables illustrate the classification of Incoterms 2000 and Incoterms 2010 165 Table1. Classification of the Incoterms 2000 Groups Group E (Departure terms) Group F( Main carriage unpaid) Group C (Main Carriage Paid) Trade Terms EXW Ex Works(...named place) FCA Free Carrier(...named place) FAS Free Alongside Ship(...named port of shipment) FOB Free On Board (...named port of shipment) CFR Cost and Freight (...named port of destination) CIF Cost, Insurance and Freight (...named port of destination) CPT Carriage Paid To (...named place of destination) CIP Carriage and Insurance Paid To (...named place of
Group D (Arrival) DAF Delivered At Frontier (...named place) DES Delivered Ex Ship (...named port of destination) DEQ Delivered Ex Quay (...named port of destination) DDU Delivered Duty Unpaid (...named place of destination) DDP Delivered Duty Paid (...named place of destination) 166 Table 2. Classification of the Incoterms 2010 according to the terms of transport Mode of Transport Any mode of transportation Sea or inland waterway transportation Trade Terms EXW, FCA, CPT, CIP, DAT, DAP, DDP FAS, FOB, CFR, CIF 167 4 Transportation considerations when choosing a trade term 168 The exporter is in a better position to contract for international transportation (C. Murry, D. 169 Holloway and D.Timson-hunt, 2007). Especially when exporters have comparatively larger 170 sales volume, they are thought to have more bargaining power and are more capable of 171 arranging transportation and strive for cheaper freight (Ramberg, 1982). In certain 172 circumstance, an exporter can also charge a commission to the importer for the service of 173 arranging carriage (Jimenez, 2008). Besides, the exporter knows how to arrange 174 transportation for a certain type of goods for they are much familiar with the goods they are 175 dealing with (Ramper, 1999). When the goods contracted have specific demand for 176 temperature, container types, the exporters can have a better anticipation and possible control 177 of the risks that may occur during the voyage. This happens especially when high value 178 manufactured goods are contracting because the seller is more concern about the quality of 179 their product during the voyage (Vercauteren, 1992). Furthermore, exporter s arranging of 180 transportation allows him days of tolerant of conjunct their preparation of goods with the pickup
181 dates and thus stranding fees could be possibly avoided. 182 However, small and beginning exporters will prefer E group or F group terms and leaving the 183 duties of arranging transportation to the buyers (Malfliet, 2011). The reason being that they are 184 not sensitive to the fluctuation of freight and are not capable to estimate the freight that should 185 be added to their FOB price when they are concluding a contract. 186 When choosing trade terms, it is advisable for traders to consider transportation factors. This 187 may help them have a better control of the financial risks and transportation risks when 188 contracting for business. The following factors are prominent when making choices: 189 4.1 Mode of transportation 190 According to UN/CEFACT, there are eight transport modes for international trade, namely 191 maritime, inland water way, road, rail, air, fixed installation, mail and multi-modal transportation. 192 Each mode of transportation has its unique features. Among them, sea transportation is most 193 frequently used since over 70% of the earth is covered by seawater. It has certain features 194 such as easy passage, adaptable to large volume of goods of different sizes, economical but 195 relatively slow speed. According to the United Nations, maritime transportation ships over 80 196 percent of the goods in international trade by volume and 70 percent by value. By contrast, air 197 transportation, which has the features of fast speed, good service but small shipping capacity, 198 handles only 2 percent of world trade goods by weight but about 40 percent by value. Road 199 transport can offer door to door service and is especially convenient for countries with smaller 200 territory. Railway transportation can attain a relatively faster speed and is comparatively
201 economical, but it is limited to tracks and terminations. Railway or road transportation is more 202 likely to be used between adjacent inland countries. 203 Basically, trade terms should be chosen according to the mode of transport. In Incoterms 204 2010, EXW, FCA, CPT, CIP, DAT, DAP and DDP could be used in any mode of transport 205 whereas FAS, FOB, CFR and CIF could be used in sea and inland waterway transport. If the 206 goods are transported by air or road transport, the use of FOB, CFR or CIF is not appropriate. 207 The geographical location of the two countries is another important factor. For example, 208 cargoes transported between countries connected by sea are much likely use maritime 209 transportation if it is not needed urgently. Other factors, such as the geographical location of 210 the warehouse, the available transportation terminals, cargo types, time of demand, and 211 quantity of cargoes shipped also matter. If large numbers of cargoes are transported, sea 212 transportation is much preferred since it has large capacity and better adaptability to different 213 sizes of cargoes. Moreover, specific cargo types demand either the seller or the buyer keep an 214 eye on the goods during transit. In the circumstances, the seller could use the trade terms that 215 requires the seller to arrange transportation so that he can supervise the goods during the 216 shipping process. If an exporter who is located in an inland city insists on using the traditional 217 FOB, CFR or CIF, the goods are subjected to losses during the voyage from the warehouse to 218 the port of shipment. The reason being that the risks only transfer from the moment when 219 goods are placed on board the vessel at the port of shipment. The exporter has to bear the 220 risks when the goods are shipping from his warehouse to the port of shipment. In this case, 221 FCA is much preferred since the risk transfers from the seller to the buyer from the moment the 222 goods are delivered to the carrier.
223 4.2 Transportation condition 224 In international trade, goods may suffer from various risks during long voyage. These risks 225 include natural calamities, fortuitous accidents and many extraneous risks. If the goods are 226 going through dangerous zones, they are much likely to suffer from losses, in this case, the 227 party could choose the trade term in which transportation is arranged by the counterpart. For 228 example, exporter could choose FOB and buyer can choose CFR. When goods are 229 transported by container or multi-modal transportation, terms suitable to any modes of 230 transport are more appropriate than FOB, CFR and CIF because the transfer of goods could 231 be in a Container Yard (CY) or Container Freight Station (CFS) and a carrier can take delivery 232 of the goods there. Thus the risks could be transferred rightly at the moment the goods are 233 delivered to the carrier instead of at the port of shipment. 234 Moreover, the condition of the port of discharge varies a lot. Some ports do not have 235 automation processing system and manual labor is used. Thus they charges comparatively 236 higher port discharging fees. In the circumstance, trade terms such as CFR and CIF could be 237 adopted when importing and terms such as FOB and FAS could be used for exporting so that 238 the high port discharge fees could be avoided. 239 4.3 Risk control 240 Financial risk the most important issue traders will consider when they are doing business. In 241 international trade, the exporter controls the goods through the process of the transfer of a title 242 document, Bill of Lading, which is released to the buyer according to different conditions set 243 forth. The seller may send the documents to the buyer or release them through a bank by his
244 authorization. Then the buyer could collect the goods from the carrier with the title documents. 245 In some cases, the buyer may stealthily contact the carrier and got the shipment from the 246 carrier skipping the step of release from the bank. The buyer could either escape or announce 247 bankrupt, causing the seller the suffering of loss of goods or non-reimbursement of payment. 248 Sometimes the seller may collude with the carrier and present fake documents leaving the 249 buyer no chance of getting the goods. If the buyer has questionable reputation, the seller may 250 choose the trade term that insure safe payment from the buyer. 251 4.4 Cost control 252 Freight constitutes an important part of the price of the product. For bulk cargoes, freight is a 253 major proportion of the price. When choosing trade terms, traders should consider the freight 254 charged during transit and the trend of the freight. Freight fluctuates every day in international 255 transportation. For example, if the exporter anticipates the freight tends to increase and the 256 port of shipment or port of destination, he could avoid the use of group C and group D terms. 257 Likewise, if he anticipates a surcharge is likely to be charged, for example Banker Factor 258 Surcharges for the anticipation of increase of oil prices, he can choose group F terms to 259 increase profit. If the freight tends to be lower, it is preferable to choose group C terms for the 260 exporter and group F terms for the importer. 261 If either of the seller or buyer have the capacity to arrange transport and can get competitive 262 offer from the shipping company, that party could apply the trade term that include to arrange 263 transportation. Otherwise, if the trading company is small and have little bargaining power with 264 the carrier and thus cannot try for lower freight, this party could choose the trade term that do
265 not need to arrange transportation. 266 5. Conclusion 267 The chosen of trade terms is part of the business strategy (Vanheusden, 2005). In many cases, 268 however, traders do not sufficiently consider all the factors that may affect their choice of the 269 most appropriate terms. They would rather choose the trade terms according to their previous 270 experience. However, the choice of the right trade terms may have great influence on the cost 271 control, risk control, formalities to go through, division of liabilities and the profitability of the 272 transaction. Transportation is the essential link between the exporter and importer and 273 transportation factors are an important aspect to consider when traders are making choices. 274 The chosen of the right trade may mitigate costs and associated risks. Incoterms 2010 set up 275 a criterion of dividing the 11 trade terms by the mode of transportation used. It divides trade 276 terms into two groups by sea or inland waterway transportation and other mode of 277 transportation. But the choosing of the right trade term is not simply according to this standard. 278 It is advisable for traders to carefully choose a trade term by considering all the factors. This 279 paper is only a tentative study on the transportation factor that traders may consider. 280 Acknowledgements 281 The authors acknowledge that this research is supported in part by the National Science 282 Foundation (NSF) under grants #1137732. The opinions, findings, and conclusions or 283 recommendations expressed in this material are those of the author(s) and do not necessarily 284 reflect the views of the funding agencies. 285 References
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358 Appendix 359 Allocations of Costs to Buyer/Seller according to Incoterms 2010 Incoterms20 Export Carriage Unloading Loading on Carriage Insurance Unloading Loading on Carriage to Import Import 10 customs to port of of truck in vessel/airplan (Sea/air) in port of truck in port place of customs duties and declaratio export port of e in port of to port of import of import destination clearance taxes n export export import EXW buyer buyer buyer buyer buyer buyer buyer buyer buyer buyer buyer FCA seller seller buyer buyer buyer buyer buyer buyer buyer buyer buyer FAS seller seller seller buyer buyer buyer buyer buyer buyer buyer buyer FOB seller seller seller seller buyer buyer buyer buyer buyer buyer buyer CPT seller seller seller seller seller buyer buyer/sell buyer/seller seller buyer buyer er
CFR seller seller seller seller seller buyer buyer/sell buyer buyer buyer buyer er CIF seller seller seller seller seller seller buyer/sell buyer buyer buyer buyer er CIP seller seller seller seller seller seller buyer/sell buyer/seller seller buyer buyer er DAT seller seller seller seller seller buyer/sell seller buyer buyer buyer buyer er DAP seller seller seller seller seller buyer/sell seller seller seller buyer buyer er DDP seller seller seller seller seller buyer/sell seller seller seller seller seller er 360